The Rule of Law Conditionality Under Regulation No 2092/2020—Is it all About the Money?

Abstract Some say that the Union is built by moving from crisis to crisis. Crises in last decade which affected and its citizens concerned, inter alia , public finance (the financial crisis, 2008), migration (2014), health COVID-19 pandemic, 2020) rule of law (2018). This paper focus on latter. It has been noted some Member States have happy receive benefits EU membership, specifically ones, while their commitment European values, including (Article 2 TEU), lacking. Since many instruments applied institutions improve this situation proved rather insufficient, halting transfers funds these recalcitrant touted as way might solve Accordingly, a draft regulation was put table authorised suspend if State found be breach law. aimed make transfer conditional upon continuous respect for (and therefore became known ‘the conditionality’). comments first proposed Commission 2018 (Proposal Parliament Council protection budget event generalized gaps [COM (2018) 324 final).], amended 2019 [European legislative resolution 4 April proposal Union's case generalised deficiencies regards (COM(2018)0324–C8-0178/2018–2018/0136(COD)); https://www.europarl.europa.eu/RegData/seance_pleniere/textes_adoptes/provisoire/2019/04-04/0349/P8_TA-PROV(2019)0349_EN.pdf . A version provisions presented von Bogdandy Łacny (Suspension breaching - µ dose tough love needed? Policy Analysis 2020, No 2, p. 1–15, https://sieps.se/en/publications/2020/suspension-of-eu-funds/ 2020).], finally adopted Regulation (EU, Euratom) 2020/2092 16 December 2020 general regime conditionality [Hungary Poland voted against it expected validity will challenged before CJEU via an action annulment 263 TFEU).] (henceforth called ‘Regulation 2020/2092′). Regulation, containing 29 recitals preamble 10 articles, entered into force 1 January 2021 2020/2092.). In conclusions meeting however accepted only relation budgetary commitments starting under new Multiannual Financial Framework (MFF) 2021–2027, Next Generation [Conclusions meeting, 11 para I (2) (k) https://www.consilium.europa.eu/media/47296/1011-12-20-euco-conclusions-en.pdf .]. provides legal characteristics established aims determine whether incentives can restore compliance with States. Or other words, all about money?